CHAPTER 6. Development and Support of Community Facilities and Programs [4670. - 4698.53.]

Chapter 6 added by Stats. 1977, Ch. 1252.

§§ 4670–4698.53 · 99 sections

1. ARTICLE 1. General § 4670 · 1 section

   • § 4670 The Legislature finds that there is a shortage of programs and facilities to provide a comprehensive network of habilitation services to persons with…
2. ARTICLE 2. Planning and Developing New and Expanded Programs and Facilities §§ 4675–4679.1 · 6 sections

   • § 4675 On and after January 1, 1978, the state plan established in this division shall be the primary method used for determining, in an orderly way, the programs and…
   • § 4676 Prior to making an appropriation or allocating any state or federal funds for new or major expansions of programs or facilities for persons with developmental…
   • § 4677 (a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities…
   • § 4678 (a) The State Council on Developmental Disabilities, in implementing subdivision (b) of Section 4677, and with the support of the State Department of…
   • § 4679 (a) In any year for which funding is available, as provided in paragraph (2) of subdivision (a) of Section 4418.25, to address the needs for services and…
   • § 4679.1 (a) By September 1, 2017, the department shall report to the Senate Committee on Human Services, the Assembly Committee on Human Services, and the appropriate…
3. ARTICLE 3. Rates of Payment for Community Living Facilities §§ 4680–4684 · 10 sections

   • § 4680 In order to assure the availability of a continuum of community living facilities of good quality for persons with developmental disabilities, and to ensure…
   • § 4681.1 (a) The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation…
   • § 4681.3 (a) Notwithstanding any other provision of this article, for the 1996–97 fiscal year, the rate schedule authorized by the department in operation June 30,…
   • § 4681.4 (a) Notwithstanding any other provision of this article, for the 1998–99 fiscal year, the rate schedule increased pursuant to subdivision (d) of Section 4681.3…
   • § 4681.5 (a) Notwithstanding any other law or regulation, a regional center shall not approve a service level for a residential service provider, as defined in Section…
   • § 4681.6 (a) Notwithstanding any other law or regulation, commencing July 1, 2008: (1) A regional center shall not pay an existing residential service provider, for…
   • § 4681.7 (a) Effective July 1, 2011, in order to maintain a consumer’s preferred living arrangement and adjust the residential services and supports in accordance with…
   • § 4682 Under no circumstances shall the rate of state payment to any provider of out-of-home care exceed the average amount charged to private clients residing in the…
   • § 4683 It is the intent of the Legislature that rates of payment for out-of-home care shall be established in such ways as to assure the maximum utilization of all…
   • § 4684 (a) Notwithstanding any other law, the cost of providing 24-hour out-of-home nonmedical care and supervision in community care facilities licensed or approved…
4. ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs §§ 4684.50–4684.77 · 14 sections

   • § 4684.50 (a) (1) “Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN)” means any adult residential facility that provides 24-hour health…
   • § 4684.53 (a) The State Department of Developmental Services and the State Department of Social Services shall jointly implement a licensing program to provide special…
   • § 4684.55 (a) A regional center may not pay a rate to an ARFPSHN or a GHCSHN for a consumer that exceeds the rate in the State Department of Developmental Services’…
   • § 4684.58 (a) The regional center may recommend for participation, to the State Department of Developmental Services, an applicant to provide services as part of an…
   • § 4684.60 The vendoring regional center shall, before placing a consumer into an ARFPSHN or a GHCSHN, ensure that the ARFPSHN or the GHCSHN has a license issued by the…
   • § 4684.63 (a) Each ARFPSHN and each GHCSHN shall do all of the following: (1) Meet the minimum requirements for a Residential Facility Service Level 4-i pursuant to…
   • § 4684.65 (a) A regional center shall not place, or fund the placement for, any consumer in an ARFPSHN or a GHCSHN unless the following requirements are met: (1) The…
   • § 4684.68 (a) The individual health care plan shall include, at a minimum, all of the following: (1) An evaluation of the consumer’s current health. (2) A description of…
   • § 4684.70 (a) The State Department of Social Services, in administering the licensing program, shall not have any responsibility for evaluating consumers’ level of care…
   • § 4684.73 (a) In addition to any other contract termination provisions, a regional center may terminate its contract with an ARFPSHN or a GHCSHN if the regional center…
   • § 4684.74 The State Department of Developmental Services shall only approve the development of ARFPSHNs or GHCSHNs that are directly associated with the identification…
   • § 4684.75 (a) The State Department of Developmental Services may adopt emergency regulations to implement this article. The adoption, amendment, repeal, or readoption of…
   • § 4684.76 For a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300, a child who has not been adjudged a dependent of the…
   • § 4684.77 (a) If a child requires a living arrangement in a GHCSHN, the regional center shall make every effort to secure placement, consistent with the individual…
5. ARTICLE 3.6. Enhanced Behavioral Supports Homes §§ 4684.80–4684.86 · 7 sections

   • § 4684.80 (a) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services and licensed by the State Department of…
   • § 4684.81 (a) The department shall use community placement plan funds, as appropriated in the State Department of Developmental Services’ annual budget, to develop…
   • § 4684.82 The vendoring regional center shall, before placing any consumer into an enhanced behavioral supports home, ensure that the home has a license issued by the…
   • § 4684.83 The enhanced behavioral supports home provider shall be responsible for coordinating the development and updating of each consumer’s individual behavior…
   • § 4684.84 (a) The regional center shall have responsibility for monitoring and evaluating the implementation of the consumer’s individual behavior supports plan…
   • § 4684.85 (a) In addition to any other contract termination provisions, a regional center may terminate its contract with an enhanced behavioral supports home when the…
   • § 4684.86 (a) A certification for an enhanced behavioral supports home shall not be issued before emergency regulations filed by the State Department of Developmental…
6. ARTICLE 4. Services and Supports for Persons Living in the Community §§ 4685–4689.9 · 32 sections

   • § 4685 (a) Consistent with state and federal law, the Legislature finds and declares that children with developmental disabilities most often have greater…
   • § 4685.1 (a) When a minor child requires a living arrangement outside of the family home, as determined in the individual program plan developed pursuant to Section…
   • § 4685.7 (a) Contingent upon approval of a federal waiver, the Self-Directed Services Program (SDS Program) is hereby established and shall be available in every…
   • § 4685.8 (a) The department shall implement a statewide Self-Determination Program. The Self-Determination Program shall be available in every regional center catchment…
   • § 4685.10 (a) The department may adopt regulations to implement and comply with home- and community-based settings and person-centered service plan requirements in…
   • § 4686 (a) Notwithstanding any other provision of law or regulation to the contrary, an in-home respite worker who is not a licensed health care professional but who…
   • § 4686.2 (a) Notwithstanding any other law or regulation to the contrary, any vendor who provides applied behavioral analysis (ABA) services, or intensive behavioral…
   • § 4686.3 The department shall adopt emergency regulations to address the use of paraprofessionals in group practice provider behavioral intervention services and…
   • § 4686.31 (a) Effective July 1, 2011, notwithstanding any other law or regulation to the contrary, any vendor who provides services as specified in paragraph (4) shall…
   • § 4686.4 (a) On or before July 1, 2026, the department shall adopt regulations to address the use of Behavioral Health Professionals in behavioral health treatment…
   • § 4687 Consistent with state and federal law, the Legislature recognizes the rights of persons with disabilities to have relationships, marry, be a part of a family,…
   • § 4688 (a) Consistent with state and federal law, the Legislature places a high priority on providing opportunities for individuals with developmental disabilities to…
   • § 4688.05 Regional centers shall provide independent living skills services to an adult consumer, consistent with his or her individual program plan, that provide the…
   • § 4688.06 (a) Consistent with state and federal law, the Legislature recognizes the right of adults with disabilities to reside in the family home. The Legislature…
   • § 4688.1 (a) Notwithstanding any other provision of law or regulation to the contrary, vendors of behavior management, activity center, and adult development center day…
   • § 4688.2 (a) Notwithstanding any other provision of law or regulation to the contrary, vendors of behavior management, activity center, and adult development center…
   • § 4688.21 (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their…
   • § 4688.22 (a) The Legislature finds and declares both of the following: (1) The Legislature places a high priority on promoting the full inclusion and independence of…
   • § 4688.3 (a) The State Department of Health Care Services and the department shall jointly seek a federal Centers for Medicare and Medicaid Services’ (CMS) approved…
   • § 4688.5 (a) Notwithstanding any other provision of law to the contrary, the department may approve a proposal or proposals by Golden Gate Regional Center, Regional…
   • § 4688.6 (a) Notwithstanding any other provision of law to the contrary, the department may receive and approve a proposal or proposals by any regional center to…
   • § 4689 Consistent with state and federal law, the Legislature places a high priority on providing opportunities for adults with developmental disabilities, regardless…
   • § 4689.05 (a) A regional center shall not purchase supportive services, as defined in Section 12300, for a consumer who meets the criteria to receive, but declines to…
   • § 4689.1 (a) The Legislature declares that it places a high priority on providing opportunities for adults with developmental disabilities to live with families…
   • § 4689.2 (a) It is the intent of the Legislature in enacting this section to require the filing of fingerprints of those individuals whose contact with consumers…
   • § 4689.3 (a) A family home agency shall not place an adult with developmental disabilities in a family home until the family home agency has received a criminal record…
   • § 4689.4 The State Department of Developmental Services may deny an application for vendorization or terminate vendorization as a family home agency or family home upon…
   • § 4689.5 (a) Proceeding for the termination, or denial of vendorization as a family home agency or family home pursuant to Section 4689.4 shall be conducted in…
   • § 4689.6 (a) The State Department of Developmental Services may prohibit a vendor from employing, or continuing the employment of, or allowing in a family home, or…
   • § 4689.7 (a) For the 1998–99 fiscal year, levels of payment for supported living service providers that are vendored pursuant to Section 4689 shall be increased based…
   • § 4689.8 Notwithstanding any other law or regulation, commencing July 1, 2008: (a) No regional center may pay an existing supported living service provider, for…
   • § 4689.9 (a) It is the intent of the Legislature in enacting this section to establish that hourly workers providing supported living services to individuals served by…
7. ARTICLE 5. Regional Center Rates for Nonresidential Services §§ 4690–4694 · 17 sections

   • § 4690 The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for…
   • § 4690.1 (a) By March 1, 1986, the department, in consultation with representatives of regional centers and providers of transportation services to regional center…
   • § 4690.2 (a) The Director of Developmental Services shall develop program standards and establish, maintain, and revise, as necessary, an equitable process for setting…
   • § 4690.3 (a) For the 1998–99 fiscal year, rates for in-home respite services agencies that are vendored pursuant to Section 4690.2 and the department’s regulations to…
   • § 4690.4 (a) Sections 4690.2, 4691, and 4691.5, which relate to in-home respite service agencies and community-based day programs, shall apply in the 1998–99 fiscal…
   • § 4690.5 Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the…
   • § 4690.7 A provider of nonresidential services, as defined in paragraph (49) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, may…
   • § 4691 (a) The Legislature reaffirms its intent that community-based day programs be planned and provided as part of a continuum of services to enable persons with… see note
   • § 4691.5 The ratesetting methodology, to be established pursuant to subparagraph (C) of paragraph (3) of subdivision (b) of Section 4691 shall include, but need not be…
   • § 4691.6 (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service…
   • § 4691.8 (a) Notwithstanding any other provision of law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the…
   • § 4691.9 (a) Notwithstanding any other law or regulation, commencing July 1, 2008: (1) A regional center shall not pay an existing service provider, for services where…
   • § 4691.10 (a) (1) Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall…
   • § 4691.11 Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall allocate…
   • § 4691.12 (a) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the…
   • § 4693 For the purposes of this article, “infant day program” means a day training and activity program where infants and their families are provided training…
   • § 4694 Commencing July 1, 2006, all regional center vendors who are qualified providers under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et…
8. ARTICLE 6. Residential Facility Staff Training §§ 4695–4695.2 · 2 sections

   • § 4695 The State Department of Developmental Services shall offer, through the regional centers, in conjunction with community colleges which elect to participate, a…
   • § 4695.2 (a) Each direct care staff person employed in a licensed community care facility that receives regional center funding shall be required to satisfactorily…
9. ARTICLE 7. Regional Center Clients Requiring Mental Health Services §§ 4696–4697 · 4 sections

   • § 4696 The Legislature places a high priority on ensuring that regional center clients and their families can avail themselves of mental health services which are…
   • § 4696.1 (a) The Legislature finds and declares that improved cooperative efforts between regional centers and county mental health agencies are necessary in order to…
   • § 4696.3 A regional center shall notify the clients’ rights advocate, as described in Section 4433, of all consumers placed on an involuntary psychiatric hold or in a…
   • § 4697 (a) The Legislature finds and declares all of the following: (1) The methods of establishing rates of payment for providers of services and supports to persons…
10. ARTICLE 8. Community Crisis Home Certification §§ 4698–4698.1 · 2 sections

    • § 4698 (a) (1) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the…
    • § 4698.1 (a) A certificate of program approval shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of…
11. ARTICLE 9. Oral Health for People with Disabilities Technical Assistance Center Program §§ 4698.50–4698.53 · 4 sections

    • § 4698.50 (a) No later than July 1, 2027, the State Department of Developmental Services shall contract with a public or private California dental school or college to…
    • § 4698.51 Participating regional centers shall do all of the following: (a) Designate a lead person at each regional center with responsibility for duties related to…
    • § 4698.52 (a) The department shall do all of the following: (1) Establish procedures for regional center directors, or their designees, to participate in the program.…
    • § 4698.53 Implementation of this article is subject to an appropriation by the Legislature for the purpose of this article.